Land Use Agreement questions

Suggestions on questions to ask a land owner/landlord when signing a Memorandum of Understanding.

School / Fairgrounds

  • Number of Classrooms
  • Gym
  • Cleaning / Janitorial /Custodial services
  • Use of showers
  • Government furnished supplies vs contractor furnished
  • Phones
  • Copiers
  • Computers
  • Kitchen
  • Keys -Access
  • Security
  • Sleeping Areas
  • Noxious Weeds
  • Availability (ACA)
  • AC/Heater operational or available
  • Sprinkler system
  • Reduce / increase costs when camp changes (i.e. from Type I – II – III) (reduce number of classrooms needed, area needed, buildings needed, etc.)
  • Other prescheduled / concurrent uses of the facilities by owner
  • Parking
  • Athletic Fields

Dip Sites / Pond / Outdoors

  • Impact – amount of drawdown, site disturbance, etc
  • Fish
  • Noxious Weeds
  • Water (usage and/or replenishment)
  • Water Rights (who owns the water)
  • Fences
  • Access
  • Flight Path
  • Livestock/Wildlife
  • Loss of Foliage/Crop/Pasture
  • Use of pumps or wells

ICP / FOB / Helibase

  • Access – roads, gates
  • Noxious Weeds
  • Fences/ cattleguards / gates
  • Livestock
  • Flight Path
  • Irrigation/Sprinkler System
  • Spillage/Hazmat
  • Hours of Operation
  • Property Impact
  • Re-seeding / de-compaction requirements
  • Abandonment of improvements
  • Specific clean-up requirements (bark, mulch, sawdust, gravel, carpet, etc)

Airports

  • Facilities Usage (except for federally funded runways, towers (Check other FAA restrictions
  • Landing Fee
  • Fuel Fee (If Contractor provided)
  • Security
  • Flight Path
  • Hazmat/Spillage
  • Parking
  • Availability
  • Water/Electricity/Phones
  • Portable Retardant Bae
  • Hours of Operation
  • Access
  • Check with Air Ops for further concerns

Volunteer Base / Non Profit

  • Talk to owner if possible
  • Acknowledge possible legal issues (water dumping, food on grounds, drinking, etc)
  • Take lots of pictures (Put online so you can share with whoever comes after you.)
  • Can we use the utilities? (Electric / gas/ water/)
  • Can we use office EQ, like copiers/printers? Wifi?
  • What is the parking lot like? Any restrictions?
  • Are there fields that can be used?
  • Is the sprinkler system (internal/external) working?
  • Who has keys/access? What is the process for getting access?
  • Do we have kitchen access?
  • Can we get access to the janitorial stuff (or is there a contract in place to clean)?
  • Is there a lawn/grounds keeper on contract? How do we approach oil spills (cars) and weed pulling?
  • What are you hours of operation?
  • When was the last safety inspection?

For Outside Use

  • Where does water flow? (for when it rains?) Is food/congregant settings anywhere near that point?
  • What is your De-contamination plan?
  • Is there room for a dumpster?
  • How many parking spots do you have?
  • Do you have segregated spots for all your “stations” (Supply, Food, Showers, Parking, Desk, Info, etc)?

Situations NOT requiring Land Use Agreements (For Govt Contracts)

  • Federal Government land/facilities run by concessionaire
  • Land/Facilities of other Federal agencies (would fall under Economy Act agreements)
  • Land/Facilities of state and local governments (usually cooperative agreement)
  • Non Wildland fire incidents, i.e. FEMA.
  • Direct fire suppression activity (fire line construction, back-burn, access to fire)
  • Federally funded runways and towers (county/state/local)

Restoration Considerations

  • Loss of crop/pasture – how many seasons
  • Re-seeding / de-compaction requirements
  • Noxious Weeds Abatement and Survey
  • General clean-up (trash removal, final janitorial service, floor waxing, etc)
  • Re-sod of athletic fields
  • Reconditioning floors (of gyms, carpet replacement, etc)
  • Pumping of septic systems (feasible to use system, or rely solely on port-a-potties?)\
  • Mending fences damaged during incident

Determining Rate

  • BEFORE NEGOTIATING RATE: 
    • Determine ownership of land / facilities
    • Confirm owner’s agent if applicable
    • Resources available to confirm ownership
      • City or County Tax Assessor’s Office
      • Courthouse
  • Private Campgrounds – what are average receipts / revenues for similar time period
  • Historical record of rates for use in local area – local rangers may be good source
  • Facilities – if facility is abandoned from normal use, consider revenue lost for the activities
  • Fairgrounds – were there any events cancelled or rescheduled to make them available? 
  • Cost of relocating and feeding of stock
  • Are there vacant facilities held by other agencies that may be available?
  • Consider a not to exceed rate commensurate with property value
  • Sources of market research: 
    • banks
    • real estate offices
    • local employees
    • local assessor offices
    • local agency lands offices
    • newspapers
    • feed store bulletin boards
    • documentation at local offices from previous incidents

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